II 

115TH CONGRESS 

1ST SESSION S. 1483 

To establish an account for amounts due to Shee Atika Incorporated under 

the Cube Cove Land Agreement, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2017 

Ms. MURKOWSKI (for herself and Mr. SULLIVAN) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To establish an account for amounts due to Shee Atika 

Incorporated under the Cube Cove Land Agreement, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘ANCSA Shee Atika 

5 Land Exchange Settlement Act’’. 

6 SEC. 2. SHEE ATIKA INCORPORATED. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) ACCOUNT.—The term ‘‘Account’’ means the 

2 Shee Atika Account established under subsection 

3 (d). 

4 (2) AGENCY.—The term ‘‘agency’’ means— 

5 (A) any department, agency, or other in6 strumentality of the Federal Government; and 

7 (B) any Government corporation (as de8 fined in section 9101 of title 31, United States 

9 Code). 

10 (3) AGREEMENT.—The term ‘‘Agreement’’ 

11 means the agreement between Shee Atika and the 

12 United States (including any amendment or supple13 ment to the agreement) under which the United 

14 States has an option to reacquire the Cube Cove 

15 Land. 

16 (4) CUBE COVE LAND.—The term ‘‘Cube Cove 

17 Land’’ means the approximately 23,000 acres of 

18 surface estate land at Cube Cove, Admiralty Island, 

19 Alaska, as described in Appendix A to the Agree20 ment. 

21 (5) PROPERTY.—The term ‘‘property’’ has the 

22 meaning given the term in section 12(b)(7)(vii) of 

23 the Act of January 2, 1976 (43 U.S.C. 1611 note; 

24 Public Law 94–204). 


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1 (6) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Agriculture. 

3 (7) SEGMENT.—The term ‘‘segment’’ means 

4 any 1 of the 13 tracts of surface estate land identi5 fied in Appendix C to the Agreement. 

6 (8) SHEE ATIKA.—The term ‘‘Shee Atika’’ 

7 means Shee Atika Incorporated. 

8 (b) AUTHORIZATION.— 

9 (1) IN GENERAL.—All consideration, whether in 

10 cash or in kind, received by Shee Atika under the 

11 Agreement shall be treated for purposes of all Fed12 eral laws as if the consideration was, within the 

13 meaning of section 21(c) of the Alaska Native 

14 Claims Settlement Act (43 U.S.C. 1620(c)), the re15 ceipt of land or any interest in land pursuant to the 

16 Alaska Native Claims Settlement Act (43 U.S.C. 

17 1601 et seq.) or cash in order to equalize the values 

18 of properties exchanged pursuant to section 22(f) of 

19 the Alaska Native Claims Settlement Act (43 U.S.C. 

20 1621(f)). 

21 (2) EFFECT.—Nothing in the Agreement or 

22 this section imposes any duty on Shee Atika not ex23 pressly set forth in the Agreement. 

24 (c) OPTION TO RECEIVE CREDITS.— 

25 (1) IN GENERAL.— 


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1 (A) CREDITS.—On election by Shee Atika 

2 made in writing not later than the day before 

3 the date on which a closing of any segment of 

4 the Cube Cove Land is scheduled to occur, the 

5 Secretary, in accordance with subsection (d), 

6 may pay all or part of the amounts due to Shee 

7 Atika under the Agreement on the closing date 

8 in the form of credits that may be used by Shee 

9 Atika to purchase property sold at public sale. 

10 (B) CASH.—Amounts otherwise due to 

11 Shee Atika for which Shee Atika has not made 

12 the election described in subparagraph (A) shall 

13 be paid to Shee Atika in cash. 

14 (2) REQUIREMENT.—The Secretary shall make 

15 a payment in the form described in paragraph (1) 

16 without regard to whether Shee Atika has made any 

17 other election under paragraph (1). 

18 (3) CLOSING DATE.—Closing of any segment 

19 for which Shee Atika has made an election under 

20 paragraph (1) shall occur not later than 30 days 

21 after the date on which the Secretary notifies Shee 

22 Atika that the applicable credit is ready to be depos23 ited into the Account. 

24 (d) ESTABLISHMENT OF ACCOUNT.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law, not later than 90 days after Shee 

3 Atika first makes an election under subsection 

4 (c)(1), the Secretary of the Treasury, in consultation 

5 with the Secretary, shall establish an account in the 

6 Treasury to be known as the ‘‘Shee Atika Account’’. 

7 (2) CREDITS INTO ACCOUNT.—The Secretary of 

8 the Treasury, in consultation with the Secretary, 

9 shall— 

10 (A) deposit into the Account amounts 

11 equal to any credit received under subsection 

12 (c); and 

13 (B) establish procedures under which Shee 

14 Atika may— 

15 (i) receive deposits into the Account; 

16 (ii) make deposits from the Account 

17 into escrow when an escrow is required for 

18 the sale of any property; 

19 (iii) reinstate to the Account any un20 used escrow deposits under clause (ii) if 

21 the applicable sale is not completed; and 

22 (iv) notwithstanding any other provi23 sion of law and on written notice to the 

24 Secretary of the Treasury and the SecVerDate Sep 11 2014 20:25 Jul 11, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1483.IS S1483

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1 retary, assign, without restriction, any or 

2 all of the amounts in the Account. 

3 (3) AVAILABILITY OF AMOUNTS.—The balance 

4 of the Account shall— 

5 (A) be immediately available to Shee Atika 

6 for use in accordance with paragraph (4); and 

7 (B) remain available until expended. 

8 (4) USE OF FUNDS.— 

9 (A) IN GENERAL.—Shee Atika may use 

10 amounts in the Account to bid for, and pur11 chase, any property at any public sale by an 

12 agency. 

13 (B) REQUIREMENT.—In conducting a 

14 transaction under subparagraph (A), an agency 

15 shall accept any amount tendered from the Ac16 count in the same manner as if the amount 

17 were tendered in cash. 

18 (5) EFFECT.—Notwithstanding any other provi19 sion of law, any property purchased under para20 graph (4) shall be considered to be a conveyance 

21 made under the Alaska Native Claims Settlement 

22 Act (43 U.S.C. 1601 et seq.) on the date of enact23 ment of that Act. 

Æ 


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